District Councils Bill

Provide for the declaration of Districts, the establishment, composition and functions of District Councils, the procedure for election of persons to be members of District Councils; and to provide for related matters.

Enacted by the Legislative Council.

PART I
Preliminary

1. Short title and commencement

(1) This Ordinance may be cited as the District Councils Ordinance.

(2) Subject to sections 85 and 86, this Ordinance shall come into operation on a day to be appointed by the Secretary for Constitutional Affairs by notice in the Gazette.

2. Interpretation

In this Ordinance, unless the context otherwise requires---

"appointed member" (委任議員) means a person who is appointed as a member of a District Council under section 11 or 16;

"by-election" (補選) means an election to elect a person as an elected member otherwise than at an ordinary election;

"candidate" (候選人) means a candidate nominated for election as an elected member;

"Chairman" (主席) means, in relation to a District Council, the person holding the office of Chairman of that Council under Part VI;

"committee" (委員會) means, in relation to a District Council, a committee appointed by it under section 69;

"constituency" (選區) means an area declared to be a constituency under section 6(1)(a);

"corrupt practice" (舞弊行為) has the meaning given by the Corrupt and Illegal Practices Ordinance (Cap. 288);

"costs" (費用、訟費) includes charges and expenses;

"Court" means the Court of First Instance;

"Designated Officer" (指定人員) means the Director of Home Affairs;

"District" (地方行政區) means an area declared to be a District in or under this Ordinance;

"District Council" (區議會) means a body established as a District Council by or under this Ordinance;

"District Officer" (民政事務專員) means, in relation to a District Council, the person who performs the functions of the office of District Officer in the Home Affairs Department for the District for which that District Council is established;

"elected member" (民選議員) means a person who is elected as a member of a District Council under Part V;

"election" (選舉) means an ordinary election or a by-election;

"election petition" (選舉呈請、選舉呈請書) means an election petition lodged under Part V;

"elector" (選民) means any person whose name is included in the existing final register;

"Electoral Affairs Commission" (選舉管理委員會) means the Electoral Affairs Commission established by section 3 of the Electoral Affairs Commission Ordinance (129 of 1997);

"electoral officer" (選舉事務主任) includes a Returning Officer, an Assistant Returning Officer, the Electoral Registration Officer, or any other person who is appointed under this Ordinance or the Electoral Affairs Commission Ordinance (129 of 1997) to exercise functions or perform duties at or in connection with an election;

"Electoral Registration Officer" (選舉登記主任) has the meaning given by the Legislative Council Ordinance (134 of 1997);

"existing final register" (現有的正式選民登記冊) means a final register of geographical constituencies compiled and published by the Electoral Registration Officer under section 32 of the Legislative Council Ordinance (134 of 1997) which is currently in force;

"ex officio member" (當然議員) means a person who holds office as such under section 9(c);

"function" (職能) includes a power and an authority;

"identity document" (身分證明文件) means---

(a) an identity card issued to a person under the Registration of Persons Ordinance (Cap. 177); or

(b) a document issued to a person under regulations in force under that Ordinance certifying that the person is exempt from being required to register under that Ordinance; or

(c) any other document issued to a person that is acceptable to the Electoral Registration Officer as proof of the person's identity;

"illegal practice" (非法行為) has the meaning given by the Corrupt and Illegal Practices Ordinance (Cap. 288);

"judicial officer" (司法人員) means the holder of a judicial office, as defined in section 2 of the Public Service Commission Ordinance (Cap. 93);

"member" (議員) means an elected member, an appointed member or an ex officio member;

"ordinary election" (一般選舉) means---

(a) elections to elect persons to be the first elected members of District Councils; or

(b) elections to elect persons to fill the vacancies caused by the expiration of the term of office of the elected members of District Councils;

"prescribed public officer" (訂明公職人員) means any of the following---

(a) the Chairman of the Public Service Commission; or

(b) the Commissioner and Deputy Commissioner of the Independent Commission Against Corruption and the holder of any other office under the Independent Commission Against Corruption Ordinance (Cap. 204); or

(d) a member of the Electoral Affairs Commission; or

(e) the chief executive of the Monetary Authority and any member of the senior management of that Authority, including divisional heads, executive directors, managers and counsel employed by that Authority; or

(f) any person holding an office, whether permanent or temporary, in a Government department or bureau and employed in the department or bureau;

"the regulations" (《規例》) means regulations made and in force under this Ordinance;

"Returning Officer" (選舉主任) means a person holding office as a Returning Officer under section 73 and includes any person appointed to act in place of such an Officer when the Officer is absent or when an office of Returning Officer is vacant;

"Rural Committee" (鄉事委員會) has the meaning given by section 3(3) of the Heung Yee Kuk Ordinance (Cap. 1097);

"Vice Chairman" (副主席) means, in relation to a District Council, the person holding the office of Vice Chairman of that Council under Part VI.

PART II

Declaration of Districts, Establishment of District Councils, Declaration of Number of Elected Members and Appointed Members and Declaration of Constituencies

3. Declaration of Districts

(1) Each area named in column 2 of Part II of Schedule 1 and delineated on the map specified opposite to it in column 3 of that Part is declared to be a District for the purposes of this Ordinance.

(2) The number specified in Part I of Schedule 1 is the number of Districts to be declared for the purposes of this Ordinance.

(3) The Designated Officer must ensure that at least one copy of each map that defines the area of a District is kept at that Officer's office and is made available for inspection by members of the public during ordinary business hours of that office.

(4) No charge is payable by a member of the public who wishes to inspect a copy of the map.

(5) A map certified by the Designated Officer as a true copy of a map that defines the area of a District is conclusive evidence of the area of the District.

4. Establishment of District Councils

There is established for a District specified in column 2 of Schedule 2, the body known as a District Council having the name specified opposite to it in column 3 of that Schedule, with effect from the date specified in relation to it in column 4 of that Schedule.

5. Number of members to be elected to a District Council and the number of members to be appointed to it

(1) The number specified in column 3 of Schedule 3 in relation to a District Council specified in column 2 of that Schedule is the number of members to be elected to that Council.

(2) The number specified in column 4 of Schedule 3 in relation to a District Council specified in column 2 of that Schedule is the maximum number of members to be appointed to that Council.

6. Declaration of constituencies

(1) The Chief Executive in Council may, by order published in the Gazette--- (a) declare any area within a District to be a constituency for the purposes of an election to elect the members of the District Council established for that District; and

(b) give names to those constituencies.

(2) When making an order under subsection (1), the Chief Executive in Council must have regard to the recommendations made by the Electoral Affairs Commission in the last report of the Commission submitted in accordance with section 18 of the Electoral Affairs Commission Ordinance (129 of 1997) for the purposes of the election to which the order relates.

(3) If an order under this section refers to a map that defines the area of a constituency---

(a) the Electoral Registration Officer must ensure that at least one copy of the map is kept at that Officer's office and is made available for inspection by members of the public during ordinary business hours of that office; and

(b) the Designated Officer must ensure that at least one copy of the map is kept at that Officer's office and is made available for inspection by members of the public during ordinary business hours of that office.

(4) No charge is payable by a member of the public who wishes to inspect a copy of the map.

(5) A map certified by the Electoral Registration Officer as a true copy of a map that defines the area of a constituency is conclusive evidence of the area of the constituency.

7. Number of elected members to be returned for each constituency

The number of elected members to be returned for each constituency is one.

8. Chief Executive in Council may amend Schedule 1, 2 or 3

(1) The Chief Executive in Council may, by order published in the Gazette, amend Schedule 1, 2 or 3.

(2) Without limiting the generality of subsection (1), the power given to the Chief Executive in Council under that subsection includes a power---

(a) to determine the number of Districts; and

(b) to declare new Districts in place of the Districts existing at the time an order under subsection (1) is made; and

(c) to establish a District Council for any District declared under section 3 or this section and specify a date for the establishment; and

(d) to specify the number of members to be elected to a District Council and the number of members to be appointed to it; and

(e) to specify the election for which an order made under this section applies.

(3) An order under this section may contain such incidental, consequential, supplemental, transitional or saving provisions necessary or expedient in consequence of the order.

PART III
Composition of a District Council

9. District Councils to consist of elected members, appointed members and ex officio members

A District Council is to consist of---

(a) elected members; and

(b) appointed members; and

(c) if it is a District Council established for a District in which there is one or more Rural Committees, subject to sections 17, 18 and 19, as ex officio members, the Chairman of each such Rural Committee while holding office as the Chairman.

10. An elected member or appointed member taken to have resigned on becoming an ex officio member

If a person holding office as an elected member or appointed member of a District Council ("the first office") becomes entitled to hold office as an ex officio member of the same or another District Council ("the second office"), that person is taken to have resigned from the first office with effect immediately before the date on which the person commences to hold the second office.

PART IV
Membership of a District Council
Division 1--- Appointed Members

11. Chief Executive to appoint members and how long appointed members are to hold office

(1) The Chief Executive may appoint as members of a District Council a number of persons not exceeding the number specified in column 4 of Schedule 3 in relation to that District Council.

(2) Subject to subsection (3) and section 13, an appointed member holds office from the date specified in the letter of appointment and vacates office on 31 December of the year in which an ordinary election is next held after the appointment.

(3) The Chief Executive may in a letter of appointment specify a shorter period as the term of office of a person appointed under subsection (1).

12. Who may be appointed to a District Council

A person is eligible for appointment as a member of a District Council only if the person---

(a) has reached 21 years of age; and

(b) is an elector; and

(d) is not disqualified from being an appointed member by virtue of section 14 or any other law; and

(e) has ordinarily resided in Hong Kong for the 3 years immediately preceding the appointment.

13. Appointed members to accept office

An appointment under section 11 or 16 does not take effect unless the person appointed swears acceptance of office in Form 1 set out in Schedule 4 and lodges the form of acceptance with the Designated Officer within the period specified for the purpose in the letter of appointment.

14. Disqualification of appointed members

(1) A person is disqualified for appointment and from holding office as an appointed member, if the person---

(a) is---

(i) a judicial officer; or

(ii) a prescribed public officer; or

(b) has, in Hong Kong, or any other place, been sentenced to death or
imprisonment (by whatever name called) and has not either---

(i) served the sentence or undergone such other punishment as a competent authority may have substituted for the sentence; or

(ii) received a free pardon; or

(d) without limiting paragraph (b), where the term of office is to commence within 5 years from the date of the person's conviction, has been convicted, or is convicted after the commencement of the term of office---

(i) of any offence in Hong Kong or any other place in respect of which the person has been sentenced to imprisonment, whether suspended or not, for a term exceeding 3 months without the option of a fine; or

(ii) of a corrupt practice or an illegal practice (other than the illegal practice consisting of a contravention of section 19 of the Corrupt and Illegal Practices Ordinance (Cap. 288)); or

(iii) of a corrupt practice or an illegal practice within the meaning of any other enactment providing for the punishment of corrupt practices or illegal practices; or

(iv) of any offence under Part II of the Prevention of Bribery Ordinance (Cap. 201); or

(v) of any offence prescribed by regulations in force under the Electoral Affairs Commission Ordinance (129 of 1997); or

(e) is a representative or a salaried functionary of the government of a place outside Hong Kong; or

(f) is a member of any national, regional or municipal legislature, assembly or council of any place outside Hong Kong, other than a people's congress or people's consultative body of the People's Republic of China, whether established at the national level or local level; or

(g) is an undischarged bankrupt or, within the previous 5 years, has either obtained a discharge in bankruptcy or has entered into a composition with the person's creditors or a voluntary arrangement, in either case without paying the creditors in full.

(2) An appointed member is also disqualified from holding office if, in accordance with the Mental Health Ordinance (Cap. 136), the Court has found the person to be of unsound mind and incapable of managing himself or herself and his or her affairs.

(3) Subsection (2) does not prevent a person from being eligible for appointment as a member if subsequently it is found under the Mental Health Ordinance (Cap. 136) that the person's unsoundness of mind has ceased.

(4) An appointed member is also disqualified from holding office for the remainder of that member's term of office if the person is absent from meetings of the District Council for 6 consecutive months without obtaining the consent of the Council before the end of the 6 months.

15. How an appointed member can resign

(1) An appointed member may at any time resign from office as an appointed member by giving written notice of resignation to the Designated Officer.

(2) A notice of resignation is not effective unless it is signed by the member concerned.

(3) A notice of resignation takes effect---

(a) on the date on which the notice is received by the Designated Officer; or

(b) if a later date is specified in the notice, on that later date.

16. When appointed member's office becomes vacant and appointment of a substitute

(1) An appointed member's office becomes vacant if the member---

(a) dies; or

(b) resigns in accordance with section 15 or is taken to have resigned under section 10; or

(2) When the office of an appointed member becomes vacant under subsection (1), the Chief Executive may appoint another person to hold office as an appointed member in that member's place.

(3) Subject to subsection (4) and section 13, a person appointed under subsection (2) holds office from the date specified in the letter of appointment and vacates office on 31 December of the year in which an ordinary election is next held after the appointment.

(4) The Chief Executive may in a letter of appointment specify a shorter period as the term of office of a person appointed under subsection (2). Division 2---Ex Officio Members

17. Ex officio members to accept office

A person who is a Chairman of a Rural Committee does not become an ex officio member unless the person swears acceptance of office in Form 2 set out in Schedule 4 and lodges the form of acceptance with the Designated Officer.

18. When the office of ex officio member becomes vacant

Where a person who is an ex officio member dies, ceases to hold office as Chairman of a Rural Committee or is disqualified from holding office as an ex officio member under section 19, the office of the ex officio member becomes vacant until that person or that person's successor as the Chairman of the Rural Committee becomes an ex officio member in accordance with section 17.

19. Disqualification of ex officio members

(1) A person who is a Chairman of a Rural Committee is disqualified from holding office as an ex officio member, if the person---

(a) is---

(i) a judicial officer; or

(ii) a prescribed public officer; or

(b) has, in Hong Kong, or any other place, been sentenced to death or imprisonment (by whatever name called) and has not either---

(i) served the sentence or undergone such other punishment as a competent authority may have substituted for the sentence; or

(ii) received a free pardon; or

(ii) of a corrupt practice or an illegal practice (other than the illegal practice consisting of a contravention of section 19 of the Corrupt and Illegal Practices Ordinance (Cap. 288)); or

(iii) of a corrupt practice or an illegal practice within the meaning of any other enactment providing for the punishment of corrupt practices or illegal practices; or

(iv) of any offence under Part II of the Prevention of Bribery Ordinance (Cap. 201); or

(v) of any offence prescribed by regulations in force under the Electoral Affairs Commission Ordinance (129 of 1997); or

(e) is a representative or a salaried functionary of the government of a place outside Hong Kong; or

(2) An ex officio member is also disqualified from holding office if, in accordance with the Mental Health Ordinance (Cap. 136), the Court has found the person to be of unsound mind and incapable of managing himself or herself and his or her affairs.

(3) Subsection (2) does not prevent a person from holding office as an ex officio member if subsequently it is found under the Mental Health Ordinance (Cap. 136) that the person's unsoundness of mind has ceased.

(4) An ex officio member is also disqualified from holding office until the members elected at the next ordinary election commence their terms of office if the person is absent from meetings of the District Council for 6 consecutive months without obtaining the consent of the Council before the end of the 6 months.

Division 3---Elected Members

20. Who is eligible to be nominated as a candidate

(1) A person is eligible to be nominated as a candidate at an election only if the person---

(a) has reached 21 years of age; and

(b) is an elector; and

(d) is not disqualified from being nominated as a candidate or elected as an elected member by virtue of section 21 or any other law; and

(e) has ordinarily resided in Hong Kong for the 3 years immediately preceding the nomination.

(2) A person who holds office as a member of a District Council is not eligible to be nominated in a by-election as a candidate.

(3) A person who holds office as the Chairman of a Rural Committee is not eligible to be nominated as a candidate at an election.

(4) A person is not eligible to be nominated as a candidate for a constituency if the person is currently nominated as a candidate for another constituency.

21. When person is disqualified from being nominated as a candidate and from being elected as an elected member

(1) A person is disqualified from being nominated as a candidate at an election, and from being elected as an elected member, if the person--- (a) is---

(i) a judicial officer; or

(ii) a prescribed public officer; or

(b) has, in Hong Kong, or any other place, been sentenced to death or imprisonment (by whatever name called) and has not either---

(i) served the sentence or undergone such other punishment as a competent authority may have substituted for the sentence; or

(ii) received a free pardon; or

(d) on the date of nomination, or of the election, is serving a sentence of imprisonment; or

(e) without limiting paragraph (b), where the election is to be held or is held within 5 years from the date of the person's conviction, is or has been convicted---

(ii) of a corrupt practice or an illegal practice (other than the illegal practice consisting of a contravention of section 19 of the Corrupt and Illegal Practices Ordinance (Cap. 288)); or

(iii) of a corrupt practice or an illegal practice within the meaning of any other enactment providing for the punishment of corrupt practices or illegal practices; or

(iv) of any offence under Part II of the Prevention of Bribery Ordinance (Cap. 201); or

(v) of any offence prescribed by regulations in force under the Electoral Affairs Commission Ordinance (129 of 1997); or

(f) is ineligible to be a candidate or to be elected as an elected member because of the operation of this Ordinance or any other law; or

(g) is a representative or a salaried functionary of the government of a place outside Hong Kong; or

(h) is a member of any national, regional or municipal legislature, assembly or council of any place outside Hong Kong, other than a people's congress or people's consultative body of the People's Republic of China, whether established at the national level or local level; or

(i) is an undischarged bankrupt or, within the previous 5 years, has either obtained a discharge in bankruptcy or has entered into a composition with the person's creditors or a voluntary arrangement, in either case without paying the creditors in full.

(2) A person is also disqualified from being nominated as a candidate at an election if, in accordance with the Mental Health Ordinance (Cap. 136), the Court has found the person to be of unsound mind and incapable of managing himself or herself and his or her affairs, but a person disqualified under this subsection is eligible for nomination as a candidate if, under that Ordinance, it is subsequently found that the person's unsoundness of mind has ceased.

(3) A person is also disqualified from being elected as an elected member if, in accordance with the Mental Health Ordinance (Cap. 136), the Court has found the person to be of unsound mind and incapable of managing himself or herself and his or her affairs, but a person disqualified under this subsection ceases to be disqualified if, under that Ordinance, it is subsequently found that the person's unsoundness of mind has ceased.

22. How long elected member is to hold office

(1) An elected member holds office for a period of 4 years beginning on 1 January next following the ordinary election in which the member was elected and vacates office at the end of that period.

(2) A person elected to fill a vacancy caused by an elected member's ("first elected member") office becoming vacant before the expiry of the full term, holds office from the date on which the result of the by-election at which the person was elected is declared and vacates office on the day the first elected member would have vacated office had that member served the full term.

23. Elected members to accept office

(1) A person who is elected to be a member is to be regarded as having accepted office unless the person gives written notice of non-acceptance to the Designated Officer not later than 7 days after the date on which notification of the person's election is published in the Gazette.

(2) A notice of non-acceptance is not effective unless it is signed by the person concerned.

(3) A notice of non-acceptance takes effect on the date on which the notice is received by the Designated Officer and the person giving the notice is taken to have resigned from office as an elected member from that date.

(4) If a person gives notice in accordance with this section, the Designated Officer must, within 21 days after receiving the notice, publish in the Gazette a notice to the effect that the person has not accepted office as a member. 24. Disqualification of elected members

(1) An elected member is disqualified from holding office if the member--- (a) becomes---

(i) a judicial officer; or

(ii) a prescribed public officer; or

(b) has, in Hong Kong, or any other place, been sentenced to death or imprisonment (by whatever name called) and has not either---

(i) served the sentence or undergone such other punishment as a competent authority may have substituted for the sentence; or

(ii) received a free pardon; or

(d) without limiting paragraph (b), after being elected, is convicted---

(ii) of a corrupt practice or an illegal practice (other than the illegal practice consisting of a contravention of section 19 of the Corrupt and Illegal Practices Ordinance (Cap. 288)); or

(iii) of a corrupt practice or an illegal practice within the meaning of any other enactment providing for the punishment of corrupt practices or illegal practices; or

(iv) of any offence under Part II of the Prevention of Bribery Ordinance (Cap. 201); or

(v) of any offence prescribed by regulations in force under the Electoral Affairs Commission Ordinance (129 of 1997); or

(e) is a representative or a salaried functionary of the government of a place outside Hong Kong; or

(2) Subsection (1)(d) does not prevent a person from being eligible to be a candidate at an election to be held 5 years after the disqualification.

(3) An elected member is also disqualified from holding office if, in accordance with the Mental Health Ordinance (Cap. 136), the Court has found the person to be of unsound mind and incapable of managing himself or herself and his or her affairs.

(4) Subsection (3) does not prevent a person from being eligible to be a candidate at an election if subsequently it is found under the Mental Health Ordinance (Cap. 136) that the person's unsoundness of mind has ceased.

(5) An elected member is also disqualified from holding office for the remainder of the member's term of office if the person is absent from meetings of the District Council for 6 consecutive months without obtaining the consent of the Council before the end of the 6 months.

25. How an elected member can resign

(1) An elected member may at any time resign from office as an elected member by giving written notice of resignation to the Designated Officer.

(2) A notice of resignation is not effective unless it is signed by the member concerned.

(3) A notice of resignation takes effect---

(a) on the date on which the notice is received by the Designated Officer; or

(b) if a later date is specified in the notice, on that later date.

26. When elected member's office becomes vacant

An elected member's office becomes vacant if---

(a) the member dies; or

(b) the member resigns in accordance with section 25 or is taken to have resigned under section 10 or 23(3); or

(d) the Court determines under section 53 that the member was not duly elected and that no other person was duly elected instead.

PART V
Election of Members to a District Council
Division 1---When an Ordinary Election is to be Held

27. Chief Executive to specify dates for holding ordinary elections

(1) The first ordinary election must be held in 1999.

(2) An ordinary election must be held in each subsequent fourth year after the first ordinary election is held under subsection (1).

(3) The Chief Executive must, by notice published in the Gazette, specify a date for holding an ordinary election under this section.

(4) The date specified in the notice must be not earlier than 60 days and not later than 15 days before the new term of office of the elected members is to begin.

Division 2---Who May Vote at an Election

28. Who is entitled to vote at an election

(1) A person is entitled to vote at an election only if the person is an elector.

(2) In the case of the first ordinary election, an elector is entitled to vote only in the constituency allocated to the elector by the Electoral Registration Officer under section 30.

(3) In any subsequent ordinary election a person is entitled to vote only in the constituency (being a constituency declared under this Ordinance) for which the person is registered as an elector in the existing final register.

(4) An elector is entitled to vote only once at an election.

(5) In the first ordinary election an elector may not be prevented from voting in that election only because the elector's name should not have been included in the existing final register or the register referred to in section 30.

(6) In any subsequent election, an elector may not be prevented from voting at an election only because the elector's name should not have been included in the existing final register.

(7) Subsection (5) or (6) does not---

(a) preclude the Court from making a determination under section 53; or

(b) affect the person's liability to be charged with, and convicted of, an offence relating to voting at the election concerned.

29. When an elector is disqualified from voting at an election

An elector is disqualified from voting at an election if the elector---

(a) has ceased to be eligible to be registered as an elector under the Legislative Council Ordinance (134 of 1997); or

(b) has, in Hong Kong, or any other place, been sentenced to death or imprisonment (by whatever name called) and has not either---

(i) served the sentence or undergone such other punishment as a competent authority may have substituted for the sentence; or

(ii) received a free pardon; or

(d) without limiting paragraph (b), where the election is to be held or is held within 3 years from the date of the elector's conviction, is or has been convicted---

(i) of a corrupt practice or an illegal practice (other than the illegal practice consisting of a contravention of section 19 of the Corrupt and Illegal Practices Ordinance (Cap. 288)); or

(ii) of a corrupt practice or an illegal practice within the meaning of any other enactment providing for the punishment of corrupt practices or illegal practices; or

(iii) of any offence under Part II of the Prevention of Bribery Ordinance (Cap. 201); or

(iv) of any offence prescribed by regulations in force under the Electoral Affairs Commission Ordinance (129 of 1997); or

(e) is, in accordance with the Mental Health Ordinance (Cap. 136), found by the Court to be of unsound mind and incapable of managing himself or herself and his or her affairs; or

(f) is a member of the armed forces of the Central People's Government or any other country or territory.

30. Electoral Registration Officer to publish register for the first ordinary election

(1) In the case of the first ordinary election, the Electoral Registration Officer must---

(a) allocate to an elector a constituency in which he is entitled to vote at that election, according to the elector's residential address as recorded in the existing final register; and

(b) not later than 2 months before the date specified under section 27 for holding the first ordinary election, publish a register showing the constituency allocated to each elector under paragraph (a).

(2) The Electoral Registration Officer may amend the register referred to in subsection (1) so as to rectify any clerical or printing error or any incorrect name, address or other personal particulars of a person who is recorded in the register.

Division 3---Conduct of Elections

31. Vacancy in membership of elected members of a District Council to be declared

(1) If a vacancy arises in the office of an elected member, the Designated Officer must, by notice published in the Gazette, declare the existence of the vacancy within 21 days after becoming aware of the vacancy.

(2) Without limiting subsection (1), the Designated Officer must declare the existence of a vacancy after becoming aware that, after the close of polling for an election, a candidate returned at the election has died before that candidate is declared to be elected as an elected member at the election.

32. By-election to be held to fill vacancy in membership of District Councils

(1) The Electoral Affairs Commission must, in accordance with regulations in force under the Electoral Affairs Commission Ordinance (129 of 1997), arrange for a by-election to be held in the following circumstances and not otherwise---

(a) on the making of a declaration as to the existence of a vacancy in the membership of a District Council under section 31; and

(b) on the making of a declaration under section 37 that the proceedings for the election for a constituency have been terminated; and

(c) on the making of a declaration under section 38(2) that an election for a constituency has failed because no candidate has been validly nominated for the election.

(2) However, a by-election to fill a vacancy occurring in the membership of a District Council is not to be held within the 4 months preceding the end of the current term of office of the elected members.

33. What requirements are to be complied with by persons nominated as candidates

(1) A person is not validly nominated as a candidate for an election unless---

(a) a deposit has, in the manner prescribed by regulations in force under the Electoral Affairs Commission Ordinance (129 of 1997), been lodged by or on behalf of the person with the Returning Officer concerned; and

(b) the nomination form includes or is accompanied by a declaration to the effect that the person will uphold the Basic Law and pledge allegiance to the Hong Kong Special Administrative Region.

(2) The deposit is to be of such an amount as is prescribed by the regulations for the purposes of this section.

34. Withdrawal of candidate's nomination

(1) A candidate may withdraw the candidate's nomination for election at any time before the close of nominations for the election and not otherwise.

(2) The withdrawal of a candidate's nomination has effect only if it is in writing signed by the candidate and complies with regulations in force under the Electoral Affairs Commission Ordinance (129 of 1997) for the purposes of this section.

35. Candidates entitled to send letters to electors free of postage

(1) One letter, addressed to each elector in the constituency for which the candidate is validly nominated, may be sent free of postage by or on behalf of the candidate.

(2) Each letter must relate to the election concerned and must comply with all requirements and limitations (if any) prescribed by regulations in force under the Electoral Affairs Commission Ordinance (129 of 1997).

(3) The cost to the Postmaster General of enabling candidates to exercise their entitlements under this section is a charge on, and is payable from, the general revenue.

36. When ordinary election can be postponed or adjourned

(1) The Chief Executive may, by order, direct the postponement of an ordinary election if, before the holding of the election, the Chief Executive is of the opinion that the election is likely to be obstructed, disrupted, undermined or seriously affected by riot or open violence or any occurrence of public danger.

(2) The Chief Executive may, by order, direct the adjournment of the polling or counting of votes in respect of an ordinary election if, during the polling or counting of votes in respect of the election, the Chief Executive is of the opinion that the polling or counting of votes is likely to be or is being obstructed, disrupted, undermined or seriously affected by riot or open violence or any occurrence of public danger.

(3) The Returning Officers concerned must give effect to a direction under this section as soon as practicable after being notified of it.

(4) If an ordinary election, or the polling or counting of votes at an ordinary election, is directed to be postponed or adjourned under this section, the Chief Executive must, by notice published in the Gazette, specify a date for the holding of an election, or a poll or the counting of votes, in place of the postponed election or the adjourned polling or counting. That date must not be later than 14 days from the date on which the election, poll or count would have taken place but for the direction.

37. When election proceedings are terminated

If, before declaring the result of an election, the Returning Officer concerned becomes aware that a validly nominated candidate has, after the close of nominations for an election but before the close of polling for the election, died or become disqualified from being elected, that Officer must, in accordance with regulations in force under the Electoral Affairs Commission Ordinance (129 of 1997), publicly declare that the proceedings for the election are terminated.

38. What is to happen if insufficient candidates are nominated

(1) If, after the close of nomination of candidates for election for a constituency, only one candidate has been validly nominated, the Returning Officer must, in accordance with regulations in force under the Electoral Affairs Commission Ordinance (129 of 1997), publicly declare the candidate to be duly elected as an elected member.

(2) If, after the close of nomination of candidates for election for a constituency, no candidate was validly nominated, the Returning Officer must, by notice published in the Gazette, declare the election to have failed.

39. System of voting and counting of votes

(1) At every election which is contested---

(a) a poll shall be taken in each constituency or constituencies in which the election is held; and

(b) the voting at that poll shall be by secret ballot; and

(c) the election shall be conducted in accordance with the regulations and regulations in force under the Electoral Affairs Commission Ordinance (129 of 1997).

(2) The votes shall be given and counted in accordance with the simple or relative majority system of election (otherwise known as the "first past the post" voting system) whereby the elector shall vote for not more than one of the candidates and the candidate to whom the greatest number of votes have been given shall be declared by the Returning Officer as the only candidate to be elected.

(3) If, after the counting of votes is finished, 2 or more of the most successful candidates have an equal number of votes, the Returning Officer must determine the result of the election by drawing lots. The person on whom the lot falls must be determined by the Returning Officer to be the elected member for the constituency concerned.

(4) As soon as practicable after determining the result of the election, the Returning Officer must publicly declare as elected the candidate who was successful at the election.

40. Consequences of non-compliance with requirements of this Ordinance

In any proceedings brought to question the validity of an election, the Court must not declare the election to be invalid only because of---

(a) a failure to comply with the regulations or with regulations in force under the Electoral Affairs Commission Ordinance (129 of 1997); or

(b) a mistake in the use of a nomination form, if it appears to the Court that the election was conducted in accordance with the principles laid down in this Ordinance and the Electoral Affairs Commission Ordinance (129 of 1997) and that the failure to comply or mistake did not affect the result of the election.

41. Misnomer or inaccuracy not to affect operation of election document

(1) A misnomer or inaccurate description of a person, a person's identity document or place specified in a document to which this section applies does not limit the full operation of the document with respect to that person, identity document or place if the description of the person, identity document or place is such as to be commonly understood.

(2) This section applies to a register, nomination paper, ballot paper, notice or other document prepared for the purposes of an election.

42. Election to be presumed to be valid

Every election is presumed to be valid until it is questioned by an election petition within the period permitted by section 51 and the Court, on the hearing of the petition, determines that the election is invalid.

43. Election not to be questioned only because of defect in the appointment of an electoral officer

An election is not to be questioned only because of a defect in the appointment of a person as an electoral officer if the person was at the relevant time holding office or acting as such an officer at the election.

44. Returning Officer to publish result of election

(1) The Returning Officer for an election to return an elected member for a constituency must publish in the Gazette a notice declaring that the candidate returned at the election is the elected member duly elected for the constituency.

(2) The Returning Officer concerned must ensure that the publication and notice required by this section comply with regulations in force under the Electoral Affairs Commission Ordinance (129 of 1997).

45. Offences by electoral officers with respect to conduct of election

(1) Any person holding office as an electoral officer at an election who neglects or refuses to perform the functions or duties of that office in relation to the election commits an offence and is liable on conviction to a fine at level 2.

(2) A prosecution for an offence under this section may be brought only with the consent of the Secretary for Justice.

(3) A person is not to be liable to conviction under this section unless the complaint or information alleging the offence is laid within 3 months after the date of the alleged commission of the offence.

46. Elector not to be required to disclose how vote was cast

(1) An elector who is asked to disclose the name of, or any particulars relating to, the candidate for whom the elector voted at the election is not required to answer the question.

(2) A person must not, without lawful authority, require, or purport to require, an elector to disclose the name of, or any particulars relating to, the candidate for whom the elector voted at an election.

(3) A person who contravenes subsection (2) commits an offence and is liable on conviction to a fine at level 2.

Division 4---Election Petitions

47. Election may be questioned only by election petition made on specified grounds

(1) An election to return an elected member may be questioned only on the following grounds---

(a) the ground that the person declared by the Returning Officer in accordance with regulations in force under the Electoral Affairs Commission Ordinance (129 of 1997) to have been elected as an elected member at the election was not duly elected because---

(i) the person was ineligible to be, or was disqualified from being, a candidate at the election; or

(ii) a corrupt practice or an illegal practice was engaged in by or in respect of that person at or in connection with the election; or

(iii) a corrupt practice or an illegal practice was generally prevalent at or in connection with the election; or

(iv) material irregularity occurred in relation to the election, or to the polling or counting of votes at the election; or

(b) a ground specified in any other enactment that enables an election to be questioned.

(2) An election to return an elected member may be questioned only by an election petition lodged under section 48.

(3) In this section, "election" (選舉) includes nomination proceedings and the decisions of the Returning Officer or any Assistant Returning Officer.

48. Who may lodge election petition

An election petition may be lodged---

(a) by 10 or more electors entitled to vote in the relevant constituency; or

(b) by a person claiming to have been a candidate in the relevant constituency.

49. Who may be made respondent to election petition

Any person whose election is questioned by an election petition and the Returning Officer in respect of the election may be made a respondent to the petition.

50. Court to have jurisdiction to determine election petitions

(1) The Court has the same jurisdiction and the same functions in respect of an election petition as it has in respect of an ordinary cause of action within its jurisdiction.

(2) An election petition is triable in open court and, unless the Chief Justice otherwise directs, before one judge.

(3) The Chief Justice may make rules providing for giving effect to this Part and for regulating matters relating to the preparation, lodgement, service, trial and withdrawal of election petitions and costs in respect of those petitions (including the giving of security for costs), and the practice and procedure concerning the trial of those petitions.

51. Period within which election petition is to be lodged

An election petition questioning an election may be lodged only during the period of 2 months following the date on which the Returning Officer has published the result of the election in the Gazette.

52. Court may direct security to be given for costs

(1) Within 5 days after lodging an election petition in the Court, or within such other period as the Court directs, the petitioner must give security for all costs that may become payable by the petitioner to any witness who gives evidence in the proceedings on the petitioner's behalf or to any respondent.

(2) The amount of security to be given under this section is to be of such amount, not exceeding $20,000, as the Court directs. That amount is to be provided in such manner and form as the Court directs.

(3) An election petition is taken to have been withdrawn if this section is not complied with.

53. Court to determine election petition

(1) At the end of the trial of an election petition that relates to an election that was not contested, the Court must determine whether any decision of the Returning Officer as to the validity of a nomination was correct and, if not correct, determine whether the person declared by that Officer to have been elected in that election was or was not duly elected.

(2) At the end of the trial of an election petition that relates to an election that was contested, the Court must determine whether the person whose election is questioned was or was not duly elected and, if not duly elected, determine whether some other person was duly elected instead.

(3) At the end of the trial of an election petition, the Court must certify the determination of the Court in writing. The judge must sign the certificate and ensure that the seal of the Court is applied to the certificate. The determination as certified is final as to the matters at issue concerning the election petition.

(4) The Registrar of the High Court must arrange for a copy of the certificate of the Court to be delivered to the Secretary for Constitutional Affairs, the Electoral Affairs Commission and the Director of Home Affairs.

(5) The Court may, on its own initiative, provide the Secretary for Constitutional Affairs, the Electoral Affairs Commission or the Director of Home Affairs with a report on any matter arising in the course of the trial of an election petition if in its opinion the matter should be reported.

(6) The Court must comply with any request made by the Secretary for Constitutional Affairs, the Electoral Affairs Commission or the Director of Home Affairs to provide a report on any specified matter arising from the trial of an election petition.

54. What happens if election petition is withdrawn

(1) Subject to section 52(3), a petitioner must not withdraw or abandon, or cease to prosecute, an election petition unless the petitioner has obtained the leave of the Court.

(2) At the hearing of an application for leave referred to in subsection (1)---

(a) any person who could have lodged an election petition in respect of the election concerned, or the Secretary for Justice, may apply to the Court to be substituted as petitioner; and

(b) the Court may, if it thinks appropriate, accordingly substitute that person or the Secretary for Justice.

(3) If an application to withdraw or abandon, or to cease to prosecute, an election petition is, in the opinion of the Court, induced by a corrupt bargain or the offer or giving of corrupt consideration, the Court may direct that the security given by or on behalf of the original petitioner is to remain as security for any costs that are incurred by the substituted petitioner. To the extent of such sum as the Court may direct, the original petitioner (and that original petitioner's sureties, if any) is to be liable to pay the costs of the substituted petitioner.

(4) If the Court does not so direct, then before the substituted petitioner may proceed with the substituted election petition, security of the same amount as would be required to be given under section 52 in the case of an original election petition must be given by or on behalf of that petitioner in the same manner and form, and within such period, as the Court directs. This subsection does not apply to the Secretary for Justice.

(5) Subject to subsections (3) and (4), a substituted petitioner stands in the same position as the original petitioner.

(6) If a petitioner is substituted for the original petitioner, the original petitioner must provide the substituted petitioner with all evidence available to the original petitioner and relevant to the continued prosecution of the election petition.

(7) The petitioner is liable to pay the costs of the respondent if---

(a) the election petition is withdrawn or abandoned; or

(b) the petition is taken to have been withdrawn under section 52(3); or

(8) If there are 2 or more petitioners, an application to withdraw or abandon, or to cease to prosecute, the election petition can be made only with the consent of all the petitioners.

(9) Any person who---

(a) contravenes subsection (1); or

(b) without reasonable excuse, fails to comply with subsection (6),

commits an offence and is liable on conviction to a fine at level 2 and to imprisonment for 6 months.

55. When an election petition is terminated

(1) If an election petition is lodged by one person, the petition is terminated by that person's death.

(2) If an election petition is lodged by 2 or more petitioners, the petition is terminated if the last remaining petitioner dies.

(3) The termination of an election petition under this section does not affect the liability of the estate of the deceased petitioner, or the liability of any other person, for the payment of costs previously incurred.

(4) On the termination of an election petition under this section, the Registrar of the High Court must publish in the Gazette a notice of the termination. Within 14 days after the publication of the notice, any person who could have lodged an election petition in respect of the election concerned may apply to the Court in writing to be substituted as a petitioner. On receiving such an application, the Court may, if it thinks appropriate, substitute the applicant for the original petitioner.

(5) The same security must be given by or on behalf of the substituted petitioner as would be required to be given by or on behalf of the original petitioner.

56. When respondent can withdraw from election petition proceedings and be substituted

(1) If, before the trial of an election petition, a respondent other than a Returning Officer---

(a) dies, resigns or otherwise ceases to hold the office to which the petition relates; or

(b) gives the Registrar of the High Court notice that the respondent does not intend to oppose the petition,
that Registrar must publish in the Gazette a notice of that fact.

(2) Within 14 days after the publication of such a notice, any person who could have lodged an election petition in respect of the election concerned may apply to the Court in writing to be substituted as a respondent to oppose the election petition. On receiving such an application, the Court must order the applicant to be substituted as respondent to the petition.

(3) A respondent who has given notice under subsection (1)(b) cannot appear or participate in the proceedings on the election petition in opposition to that petition.

57. Acts of person not invalid if declared not to be elected

The certification by the Court of a determination under section 53(3) that a person who was originally declared to have been elected at an election has not been duly elected does not invalidate acts purporting to have been done by the person as an elected member before the certificate is received by the Designated Officer.

58. What is to happen if an elected member is determined not to have been duly elected

(1) If, on the hearing of an election petition, the Court determines that a person who was originally declared to have been elected as an elected member at an election was not duly elected, that person ceases to be an elected member and, subject to subsection (2), that person's office as an elected member becomes vacant from the date of the determination.

(2) If, on the hearing of an election petition, the Court determines that a person was duly elected as an elected member in place of a person that the Court has determined not to have been duly elected at the election, the first-mentioned person becomes an elected member from the date of the determination.

PART VI
Functions, Chairman and Vice Chairman and Procedure
of a District Council
Division 1--- Functions of a District Council

59. Functions of a District Council

The functions of a District Council are---

(a) to advise the Government---

(i) on matters affecting the well-being of the people in the District including matters relating to food and environmental hygiene services; and

(ii) on the provision and use of public facilities and services within the District; and

(iii) on the adequacy and priorities of Government programmes for the District; and

(iv) on the use of public funds allocated to the District for local public works and community activities; and

(b) where funds are made available for the purpose, to undertake---

(i) environmental improvements within the District; and

(ii) the promotion of recreational and cultural activities within the District.

Division 2---Chairman and Vice Chairman of a District Council

60. Election of first Chairman and Vice Chairman

(1) A District Council is to elect a Chairman and a Vice Chairman from amongst its members at the first meeting of the Council held after each ordinary election.

(2) The first meeting referred to in subsection (1) must be held within the period of 30 days after the term of office of the members elected at the ordinary election begins.

(3) Subject to subsection (2), the District Officer must decide the time, date and place of the first meeting and notify the members.

(4) The District Officer must preside at the first meeting of a District Council until the Chairman and Vice Chairman are elected.

(5) Subject to section 62(1), the Chairman and Vice Chairman are to hold office as long as they are members of the Council.

(6) A person cannot hold office as the Chairman and Vice Chairman at the same time.

(7) In this section, "first meeting" (首次會議) means the meeting to be held under subsections (1) and (2).

61. Resignation of Chairman or Vice Chairman

(1) The Chairman or Vice Chairman may at any time resign from his or her office as such by giving written notice of resignation to the District Officer.

(2) A notice of resignation is not effective unless it is signed by the Chairman or Vice Chairman concerned, as the case may be.

(3) A notice of resignation takes effect---

(a) on the date on which the notice is received by the District Officer; or

(b) if a later date is specified in the notice, on that later date.

62. When office of Chairman or Vice Chairman becomes vacant

(1) If the Chairman or Vice Chairman dies or resigns or the member holding office as the Chairman or Vice Chairman ceases to be a member, the office of the Chairman or Vice Chairman, as the case may be, becomes vacant.

(2) If the office of Chairman or Vice Chairman becomes vacant, the members must elect a Chairman or Vice Chairman, as the case may be, from amongst themselves at the first meeting of the District Council after the office becomes vacant.

(3) If the office of Chairman and Vice Chairman both become vacant, the District Officer must preside at the meeting held for the purpose of electing the Chairman and Vice Chairman, until the Chairman and Vice Chairman are elected.

(4) If the office of Chairman becomes vacant, and the Vice Chairman is nominated for the office of Chairman, the District Officer must preside at the meeting held for the purpose of electing the Chairman.

63. Election of Chairman or Vice Chairman to be in accordance with Schedule 5

The election of Chairman and Vice Chairman must be held in accordance with the procedure set out in Schedule 5.

64. Duties of Chairman and Vice Chairman

(1) The Chairman is to preside at meetings of the District Council.

(2) The Vice Chairman is to perform the duties of the Chairman (including presiding at meetings) if the Chairman is unable to act, is absent or if the office of the Chairman becomes vacant.

(3) If both the Chairman and Vice Chairman are absent from a meeting, the members present are to elect a member from amongst themselves to preside at the meeting.

65. Chairman or other person presiding to have a casting vote

(1) Subject to subsection (2), at a meeting of a District Council, the Chairman, or other member presiding under section 64(2) or (3) is to have an original vote and a casting vote if the votes are equal.

(2) A member presiding at a meeting for the purpose of electing a Chairman or Vice Chairman does not have a casting vote.

Division 3---Procedure of a District Council

66. District Council may make standing orders

(1) A District Council may make standing orders for regulating its procedure and that of its committees.

(2) Without limiting the generality of subsection (1), the standing orders may make provision for---

(a) times and places of meetings of the District Council or of a committee; or

(b) the summoning, notices, keeping of minutes of proceedings of meetings; or

(d) the determination of any matter by circulation of papers; or

(e) the preservation of order at meetings.

(3) A District Council must, in its standing orders, provide for the quorum of the committees appointed by it.

67. District Council may appoint secretary

(1) For the purpose of carrying out its functions, a District Council may appoint a public officer to act as the secretary of that District Council.

(2) A District Council may determine the duties of the person appointed as secretary under subsection (1).

68. Quorum

The quorum of a District Council is not less than half the members of the Council holding office for the time being.

69. District Council may appoint committees

(1) For the purpose of carrying out its functions, a District Council may appoint committees in accordance with this section.

(2) A District Council may appoint to a committee any person who is not a member if the person satisfies the qualifications set out in section 20.

(3) A committee of a District Council is to elect a member of the committee who is also a member of that Council, as the chairman of the committee.

(4) A member appointed under subsection (2) may vote at a meeting of the committee and is to be counted for the purpose of constituting a quorum.

(5) A District Council may delegate any of its functions to a committee. 70. Proceedings of a District Council not affected by vacancy or defect in membership

(1) A vacancy in the membership of a District Council does not affect its power to transact business.

(2) The validity of proceedings of a District Council are not affected by---

(a) a vacancy in the membership of the District Council;

(b) a defect in the appointment or election of a member;

(3) For the purposes of this section---

(a) a vacancy in the membership of a District Council includes a vacancy in its membership when it first meets after an ordinary election; and

(b) a defect in the eligibility of a person to be an appointed member or ex officio member includes failure to swear acceptance of office.

PART VII
Functions and Duties of Officers under This Ordinance

71. Functions and duties of Electoral Registration Officer and assistants

(1) The Electoral Registration Officer has such functions and duties as are conferred or imposed on that Officer by or under this Ordinance.

(2) An Assistant Electoral Registration Officer may, with the authority of the Electoral Registration Officer, exercise and perform the functions and duties of the Electoral Registration Officer.

(3) The executive authorities of the Government must ensure that the Electoral Registration Officer is provided with such staff as that Officer requires in order to exercise and perform that Officer's functions and duties under this Ordinance.

(4) Expenses properly incurred by the Electoral Registration Officer in the exercise or performance of that Officer's functions or duties under this Ordinance or the Electoral Affairs Commission Ordinance (129 of 1997) are a charge on, and are payable from, the general revenue.

72. Electoral Registration Officer may specify forms

The Electoral Registration Officer may specify the form of any application, notice, return, record or other document required for the purposes of Part V.

73. Appointment of Returning Officers and assistants

(1) The Electoral Affairs Commission must appoint for each constituency a Returning Officer and such number of Assistant Returning Officers as appears to the Commission to be necessary to enable an election to be held in the constituency.

(2) A Returning Officer has such functions and duties as are conferred or imposed on that Officer by or under this Ordinance.

(3) An Assistant Returning Officer may, with the authority of the Returning Officer concerned, exercise and perform the functions and duties of Returning Officer.

(4) The Electoral Affairs Commission must publish in the Gazette a notice of the appointment of a Returning Officer and that Officer's address.

(5) The executive authorities of the Government must ensure that each Returning Officer is provided with such staff as that Officer requires in order to exercise and perform that Officer's functions and duties under this Ordinance.

(6) Expenses properly incurred by a Returning Officer in the exercise or performance of that Officer's functions or duties under this Ordinance or the Electoral Affairs Commission Ordinance (129 of 1997) are a charge on, and are payable from, the general revenue.

74. Offence to obstruct or hinder electoral officer

A person who, without reasonable excuse, obstructs or hinders, or interferes with, an electoral officer in the exercise of a function conferred, or the performance of a duty imposed, by or under this Ordinance commits an offence and is liable on conviction to a fine at level 2.

75. Chief Executive may give directions as to exercise or performance of electoral officers' functions and duties

(1) The Chief Executive may give directions, either generally or in any particular case, with respect to the exercise or performance by an electoral officer of any of the officer's functions or duties under this Ordinance with respect to the holding or conduct of an election. The directions have no effect to the extent that they are inconsistent with this Ordinance or the Electoral Affairs Commission Ordinance (129 of 1997).

(2) An electoral officer must, when exercising or performing a function or duty under this Ordinance, comply with any direction given by the Chief Executive under this section with respect to the exercise or performance of the function or duty.

76. Death or incapacity of electoral officer not to terminate authority

Death or incapacity of an electoral officer does not terminate any authority conferred by the officer for the purposes of this Ordinance.

PART VIII
Legal Proceedings

77. Proceedings against members on grounds of disqualification

(1) The Secretary for Justice may bring proceedings in the Court against any person who is acting or claims to be entitled to act, as a member on the ground that the person is disqualified from acting as such.

(2) Proceedings under this section may not be brought after 6 months from the date on which the person concerned acted or claimed to be entitled to act as a member.

(3) If, in proceedings brought under this section, it is proved that the defendant acted as a member while disqualified from acting in that office, the Court may---

(a) make a declaration to that effect; and

(b) grant an injunction restraining the defendant from so acting; and

(c) order the defendant to pay to the Government such sum as the Court thinks appropriate, not exceeding $5,000 for each occasion on which the person so acted while disqualified.

(4) If, in proceedings brought under this section, it is proved that the defendant claimed to be entitled to act as a member while disqualified from acting in that office, the Court may---

(a) make a declaration to that effect; and

(b) grant an injunction restraining the defendant from so acting.

(5) Proceedings against a person on the ground that the person has acted, while disqualified from acting, or claimed to have been entitled to act, as a member may be brought only in accordance with this section and by the Secretary for Justice.

(6) For the purposes of this section, a person is disqualified from acting as a member if the person---

(a) is not qualified to be, or is disqualified from being, a member; or

(b) has ceased to hold office as a member.

78. Period within which complaint or information is to be laid

Except as otherwise provided by this Ordinance, a complaint or information alleging the commission of an offence against this Ordinance must be laid within 3 years from the date of the alleged commission.

PART IX
Chief Executive in Council to Make Regulations and Amend Schedule 4 or 5

79. Chief Executive in Council may make regulations

(1) The Chief Executive in Council may make regulations for the better carrying out of the purposes of this Ordinance.

(2) In particular, a regulation under this section may provide for all or any of the following---

(a) the number or qualifications of subscribers required to complete a nomination paper for a candidate; and

(b) the amount that a candidate is required to lodge as a deposit at an election; and

(c) the forfeiture of the deposit if the candidate fails to obtain a prescribed proportion of the votes cast at the election and for the return of the deposit if the candidate obtains that proportion of votes at the election.

(3) A provision of a regulation may make it an offence, punishable by a fine not exceeding level 2, for a person to contravene a provision of the regulation.

(4) A regulation may---

(a) make different provisions for different circumstances and provide for a particular case or class of cases; and

(b) be made so as to apply only in specified circumstances; and

80. Chief Executive in Council may amend Schedule 4 or 5

The Chief Executive in Council may, by order published in the Gazette, amend Schedule 4 or 5.

PART X
Miscellaneous

81. Designated Officer to give notice of membership

The Designated Officer must, within 21 days after receiving notices of acceptance lodged under sections 13 and 17, publish in the Gazette the names of persons who have become appointed members and ex officio members and their terms of office.

82. Designated Officer to give notice of vacancy

If a vacancy arises in the membership of an appointed member or ex officio member, the Designated Officer must give notice of the vacancy in the Gazette within 21 days after becoming aware of the vacancy.

83. Directions by Chief Executive to a District Council

(1) The Chief Executive may, after consultation with a District Council, give that Council directions of a general character in relation to the performance of its functions.

(2) A District Council must give effect to directions given under subsection (1).

84. Protection of members

A member of a District Council or a committee shall not be subjected to any liability, action, claim or demand by reason of anything done bona fide for the purpose of carrying into effect the provisions of this Ordinance or any other enactment conferring functions on a District Council.

PART XI
Repeals and Consequential Amendments

85. Repeal

(1) The Provisional District Boards Ordinance (Cap. 366) is repealed.

(2) Subsection (1) comes into operation on 1 January 2000.

86. Consequential and miscellaneous amendments

(1) The enactments specified in Schedule 6 are amended in the manner and to the extent shown in that Schedule.

(2) Subject to subsection (3), the amendments in Schedule 6 come into operation on 1 January 2000.

(3) The amendments in sections 2, 3, 4, 11, 12, 13(b), (c) and (d), 18, 20, 21, 23, 24, 25, 26 and 27 of Schedule 6 come into operation on a day to be appointed by the Secretary for Constitutional Affairs by notice published in the Gazette.

SCHEDULE 1 [ss. 3 & 8]
Number of and Declaration of Districts
PART I
Number of Districts

The number of Districts to be declared for the purposes of this Ordinance is 18.

PART II
Declaration of Districts
Item District Delineation of District area

1. Central and Western District That area delineated and edged grey on the map numbered DC/2000/A and deposited in the office of the Designated Officer.

2. Eastern District That area delineated and edged grey on the map numbered DC/2000/C and deposited in the office of the Designated Officer.

3. Kowloon City District That area delineated and edged grey on the map numbered DC/2000/G and deposited in the office of the Designated Officer.

4. Kwun Tong District That area delineated and edged grey on the map numbered DC/2000/J and deposited in the office of the Designated Officer.

5. Sham Shui Po District That area delineated and edged grey on the map numbered DC/2000/F and deposited in the office of the Designated Officer.

6. Southern District That area delineated and edged grey on the maps numbered DC/2000/D1 and DC/2000/D2 and deposited in the office of the Designated Officer.

7. Wan Chai District That area delineated and edged grey on the map numbered DC/2000/B and deposited in the office of the Designated Officer.

8. Wong Tai Sin District That area delineated and edged grey on the map numbered DC/2000/H and deposited in the office of the Designated Officer.

9. Yau Tsim Mong District That area delineated and edged grey on the map numbered DC/2000/E and deposited in the office of the Designated Officer.

10. Islands District That area delineated and edged grey on the map numbered DC/2000/T and deposited in the office of the Designated Officer.

11. Kwai Tsing District That area delineated and edged grey on the map numbered DC/2000/S and deposited in the office of the Designated Officer.

12. North District That area delineated and edged grey on the maps numbered DC/2000/N1 and DC/2000/N2 and deposited in the office of the Designated Officer.

13. Sai Kung District That area delineated and edged grey on the maps numbered DC/2000/Q1 and DC/2000/Q2 and deposited in the office of the Designated Officer.

14. Sha Tin District That area delineated and edged grey on the map numbered DC/2000/R and deposited in the office of the Designated Officer.

15. Tai Po District That area delineated and edged grey on the maps numbered DC/2000/P1 and DC/2000/P2 and deposited in the office of the Designated Officer.

16. Tsuen Wan District That area delineated and edged grey on the map numbered DC/2000/K and deposited in the office of the Designated Officer.

17. Tuen Mun District That area delineated and edged grey on the map numbered DC/2000/L and deposited in the office of the Designated Officer.

18. Yuen Long District That area delineated and edged grey on the map numbered DC/2000/M and deposited in the office of the Designated Officer.

------------------------------

SCHEDULE 2 [ss. 4 & 8]
Establishment of District Councils
Name of Date of
Item Name of District District Council establishment

1. Central and Western District Central and Western District 1 January 2000
Council

2. Eastern District Eastern District Council 1 January 2000

3. Kowloon City District Kowloon City District Council 1 January 2000

4. Kwun Tong District Kwun Tong District Council 1 January 2000

5. Sham Shui Po District Sham Shui Po District Council 1 January 2000

6. Southern District Southern District Council 1 January 2000

7. Wan Chai District Wan Chai District Council 1 January 2000

8. Wong Tai Sin District Wong Tai Sin District Council 1 January 2000

9. Yau Tsim Mong District Yau Tsim Mong District Council 1 January 2000

10. Islands District Islands District Council 1 January 2000

11. Kwai Tsing District Kwai Tsing District Council 1 January 2000

12. North District North District Council 1 January 2000

13. Sai Kung District Sai Kung District Council 1 January 2000

14. Sha Tin District Sha Tin District Council 1 January 2000

15. Tai Po District Tai Po District Council 1 January 2000

16. Tsuen Wan District Tsuen Wan District Council 1 January 2000

17. Tuen Mun District Tuen Mun District Council 1 January 2000

18. Yuen Long District Yuen Long District Council 1 January 2000

SCHEDULE 3 [ss. 5, 8 & 11]
Number of Elected Members and
Appointed Members
Number of Number of
elected appointed
Item District Council members members

1. Central and Western District Council 15 4

2. Eastern District Council 37 9

3. Kowloon City District Council 22 5

4. Kwun Tong District Council 34 8

5. Sham Shui Po District Council 21 5

6. Southern District Council 17 4

7. Wan Chai District Council 11 3

8. Wong Tai Sin District Council 25 6

9. Yau Tsim Mong District Council 16 4

10. Islands District Council 7 4

11. Kwai Tsing District Council 28 7

12. North District Council 16 5

13. Sai Kung District Council 17 5

14. Sha Tin District Council 36 9

15. Tai Po District Council 19 5

16. Tsuen Wan District Council 17 5

17. Tuen Mun District Council 29 7

18. Yuen Long District Council 23 7

------------------------------

SCHEDULE 4 [ss. 13, 17 & 80]
Forms for Acceptance of Office
FORM 1
District Councils Ordinance ( of 1998)

ACCEPTANCE OF OFFICE UNDER

SECTION 13

I, * ,

of *

**affirm/swear that---

(a) I take the office as an appointed member of the * District

Council upon myself and will duly and faithfully fulfill the duties of the office according to the best of my ability;

(b) I will uphold the Basic Law; and

**Affirmed/sworn this *............... day of *..............................
(Signature)

This acceptance was **affirmed/sworn and signed before me, a
**Magistrate/Commissioner for Oaths.

(Signature)

* Complete as appropriate.

** Delete whichever is inapplicable.

------------------

FORM 2
District Councils Ordinance ( of 1998)
ACCEPTANCE OF OFFICE UNDER
SECTION 17

I, * ,

of *

**affirm/swear that---

(a) I take the office as an ex officio member of the * District Council upon myself and will duly and faithfully fulfill the duties of the office according to the best of my ability;

(b) I will uphold the Basic Law; and

**Affirmed/sworn this *............... day of *..............................

(Signature)

This acceptance was **affirmed/sworn and signed before me, a **Magistrate/Commissioner for Oaths.

(Signature)

* Complete as appropriate.

** Delete whichever is inapplicable.

SCHEDULE 5 [ss. 63 & 80]
Voting Procedure under Section 63 of
This Ordinance

1. The election of Chairman and Vice Chairman is to be conducted by one or more secret ballots held amongst those present and entitled to vote at the election and according to this Schedule.

2. Nominations must be in writing. A member must be nominated by at least one other member and the nomination must be subscribed by at least 2 other members (not including the member nominating the candidate).

3. Nominations may be given at any time up to the time when the person presiding at the meeting calls for the closing of nominations. The nominated person must indicate the person's consent to the nomination and acceptance, if elected, of the office to which the person is nominated.

4. If the office of Chairman and Vice Chairman are both vacant, the same person can be nominated and consent to nomination for both offices. If the same person is so nominated, the election of the Chairman is to take place first and then the election of the Vice Chairman. If a person nominated for both offices, is elected the Chairman, that person is taken to have withdrawn from the election of Vice Chairman when the result of the first election is declared.

5. Subject to section 6, if only one candidate is nominated for the office of Chairman, the candidate is treated as having been elected Chairman. If only one candidate is nominated for the office of Vice Chairman, the candidate is treated as having been elected Vice Chairman.

6. If the same person is nominated for the office of Chairman and Vice Chairman and no other person is nominated for either of the offices, that person is to be treated as having been elected Chairman.

7. A candidate who receives an absolute majority of votes is elected.

8. If there are 2 or more candidates for the office of Chairman (either initially or after elimination ballots) and each receives an equal number of votes, a further ballot is to be held.

9. If there are 2 or more candidates for the office of Vice Chairman (either initially or after elimination ballots) and each receives an equal number of votes, a further ballot is to be held.

10. If, either in relation to the election of Chairman or to the election of Vice Chairman, a further ballot is held under section 8 or 9 and the candidates for the Chairman or Vice Chairman, as the case may be, receive an equal number of votes, the candidates draw lots to determine which candidate is elected for the office of Chairman or Vice Chairman, as the case may be.

11. If there are 2 or more candidates for the office of Chairman and no candidate receives an absolute majority of votes---

(a) the candidate who receives the least number of votes retires following which a further ballot is held for the remaining candidates;

(b) if 2 or more candidates receive an equal number of votes and that number is the least number of votes for a candidate, a separate ballot is held for those candidates, and the candidate who receives the least number of votes retires following which a further ballot is held for the remaining candidates.

12. If there are 2 or more candidates for the office of Vice Chairman and no candidate receives an absolute majority of votes---

(a) the candidate who receives the least number of votes retires following which a further ballot is held for the remaining candidates;

13. If a separate ballot is held under section 11(b) or 12(b), and in either case the same candidates receive an equal number of votes, the candidates for the relevant office draw lots to determine who retires following which a further ballot is held for the remaining candidates.

14. In this Schedule, "an absolute majority of votes" (絕對多數票) means that the candidate receives more than half of the valid votes cast excluding abstentions.

------------------------------

SCHEDULE 6 [s. 86]
Consequential and Miscellaneous Amendments
Interpretation and General Clauses Ordinance

1. Interpretation of words and expressions

Section 3 of the Interpretation and General Clauses Ordinance (Cap. 1) is amended---

(a) by repealing the definition of "District Board" and substituting---

""District Council" (區議會) has the meaning assigned to it by the District Councils Ordinance ( of 1998);";

(b) in the definition of "public body" in paragraph (ca) by repealing "District Board" and substituting "District Council". Defamation Ordinance

2. Limitation on privilege at elections

Section 28 of the Defamation Ordinance (Cap. 21) is amended by repealing "District Board" and substituting "District Council".

Legal Aid Ordinance

3. Proceedings for which legal aid may be given under section 5

Schedule 2 to the Legal Aid Ordinance (Cap. 91) is amended in Part II in paragraph 4 by repealing "District Board" and substituting "District Council". Post Office Regulations

4. Regulation amended

Regulation 6 of the Post Office Regulations (Cap. 98 sub. leg.) is amended---

(a) in subregulation (1)---

(i) in paragraph (d)(i)---

(A) by repealing "District Board election" and substituting "elections under the District Councils Ordinance ( of 1998)";

(B) by repealing "或選舉組別";

(ii) in paragraph (d)(ii)---

(A) by repealing "Legislative Council election" and substituting "election under the Legislative Council Ordinance (134 of 1997)";

(B) by repealing "選舉組別" and substituting "功能界別";

(b) in subregulation (2)---

(i) in paragraph (a) by repealing "provisions made under section 7 of the Boundary and Election Commission Ordinance (Cap. 432)" and substituting "regulations made under section 7 of the Electoral Affairs Commission Ordinance (129 of 1997)";

(ii) by repealing paragraph (b) and substituting---

"(b) the expression---

"constituency" (選區、功能界別) means a geographical constituency declared under the Legislative Council Ordinance (134 of 1997) or a functional constituency established under that Ordinance or a constituency declared under the District Councils Ordinance ( of 1998), as the case may require;

"elector" (選民) means an elector within the meaning of the Legislative Council Ordinance (134 of 1997) or an elector within the meaning of the District Councils Ordinance ( of 1998), as the case may require;

"final register" (正式選民登記冊) means a final register of electors for an election under the Legislative Council Ordinance (134 of 1997) or a register of electors for an election under the District Councils Ordinance ( of 1998), as the case may require.".

Buildings Ordinance (Application to the
New Territories) Ordinance

5. Interpretation

Section 2(1) of the Buildings Ordinance (Application to the New Territories) Ordinance (Cap. 121) is amended by repealing the definition of "District" and substituting---

""District" (地方行政區) has the meaning assigned to it by the District Councils Ordinance
( of 1998);".

6. Powers of Director may be exercised
by District Lands Officer

Section 11 is amended by repealing "地區" and substituting "地方行政區".

Mental Health Regulations

7. Power to open and examine any postal article, etc.

Regulation 5(2)(f) of the Mental Health Regulations (Cap. 136 sub. leg.) is amended by repealing "District Board" and substituting "District Council". Societies Ordinance

8. Interpretation

Section 2(1) of the Societies Ordinance (Cap. 151) is amended in the definition of "election" by repealing "District Board" and substituting "District Council".

Prevention of Bribery Ordinance

9. Interpretation

Section 2(1) of the Prevention of Bribery Ordinance (Cap. 201) is amended in the definition of "public body" in paragraph (da) by repealing "District Board" and substituting "District Council".

Prison Rules

10. Interpretation

Rule 1A of the Prison Rules (Cap. 234 sub. leg.) is amended in the definition of "specified person" in paragraph (f) by repealing "District Board" and substituting "District Council".

Corrupt and Illegal Practices Ordinance

11. Interpretation

Section 2 of the Corrupt and Illegal Practices Ordinance (Cap. 288) is amended---

(a) by repealing the definition of "Designated Officer" and substituting--- ""Designated Officer" (指定人員) has the meaning assigned to it in the District Councils Ordinance ( of 1998);";

(b) in the definition of "election petition" by adding "or Part V of the District Councils Ordinance ( of 1998)" at the end;

(i) in paragraph (c), by adding "and" at the end;

(ii) by adding---

"(d) in relation to an election to elect an elected member of a District Council, means an elector as defined by section 2 of the District Councils Ordinance ( of 1998);";

(d) in the definition of "returning officer"---

(i) in paragraph (b) by adding "and" at the end;

(ii) by adding---

"(c) in relation to an election to elect an elected member of a District Council, means a Returning Officer as defined by section 2 of the District Councils Ordinance ( of 1998);";

(e) by adding---

""District Council" (區議會) has the meaning assigned to it in the District Councils Ordinance ( of 1998);".

12. Application of the Ordinance

Section 3(1)(e) is repealed and the following substituted---

"(e) a District Council and an election to elect members of a District Council; and".

13. Provisions as to addresses, bills, notices, etc.

Section 19(5) is amended in the definition of "incumbent candidate"--- (a) by repealing paragraph (a) and substituting---

"(a) a serving member of a District Council who seeks election to a District Council;";

(b) in paragraph (c) by repealing "or" at the end;

(d) by adding---

"(e) a serving member of a Provisional District Board, the Provisional Urban Council or the Provisional Regional Council who seeks election to a District Council;".

Protection of Investors Ordinance

14. Schedule amended

The Schedule to the Protection of Investors Ordinance (Cap. 335) is amended in Part IVA in item 4 by repealing "District Board" and substituting "District Council".

Kowloon-Canton Railway Corporation (Permitted
Activities) (Consolidation) Order

15. Interpretation

Paragraph 2 of the Kowloon-Canton Railway Corporation (Permitted Activities) (Consolidation) Order (Cap. 372 sub. leg.) is amended by repealing "under section 3 of the District Boards Ordinance (Cap. 366)" and substituting "in or under the District Councils Ordinance ( of 1998)".

Amusement Game Centres Ordinance

16. Application for and grant of a licence

Section 5 of the Amusement Game Centres Ordinance (Cap. 435) is amended---

(a) in subsection (5) by repealing "地區" and substituting "地方行政區";

(b) by repealing subsection (8) and substituting---

"(8) In subsection (5), "District" (地方行政區) has the meaning assigned to it by the District Councils Ordinance ( of 1998).".

Hong Kong Arts Development Council Ordinance

17. Powers of the Council

Section 5(2)(g) of the Hong Kong Arts Development Council Ordinance (Cap. 472) is amended by repealing "District Boards" and substituting "District Councils".

Electoral Affairs Commission Ordinance

18. Interpretation

Section 2(1) of the Electoral Affairs Commission Ordinance (129 of 1997) is amended---

(a) in the definition of "election" by repealing paragraph (a)(iii) and substituting---

"(iii) the District Councils;";

(b) by repealing the definition of "General election" and substituting---

""general election" (換屆選舉) has the meaning assigned to it by the Legislative Council Ordinance (134 of 1997);";

(d) by adding---

""District Council" (區議會) has the meaning assigned to it by the District Councils Ordinance ( of 1998);

"District Council constituency" (區議會選區) means a constituency within the meaning of section 2 of the District Councils Ordinance ( of 1998);

"ordinary election" (一般選舉) has the meaning assigned to it by the District Councils Ordinance ( of 1998);".

19. Establishment and membership

Section 3(5) is amended---

(a) by repealing paragraph (b);

(b) in paragraph (d)---

(i) in subparagraph (ii) by repealing "the Provisional Legislative Council or";

(ii) by repealing subparagraph (iv)(B) and substituting--- "(B) a District Council; or";

20. Regulations

Section 7 is amended---

(a) in subsection (1)(h) by repealing "countermanding of" and substituting "termination of proceedings for";

(b) in subsection (3)---

(i) in paragraph (a) by repealing "General" and substituting "general";

(ii) by repealing paragraph (b) and substituting---

"(b) an ordinary election; or";

(iii) in paragraph (c)---

(A) by repealing "General" and substituting "general";

(B) by repealing "or an election referred to in paragraph (b)" and substituting "or an ordinary election";

(i) in paragraph (b) by repealing "General election or an election referred to in subsection (3)(b) or the poll or the count in respect of a General election or such other election" and substituting "general election or an ordinary election or the poll or the count in respect of a general election or an ordinary election";

(ii) in paragraph (c) by repealing "countermanded" where it twice appears and substituting "terminated";

(d) in subsection (5) by repealing "or" where it secondly appears and substituting "and".

21. Report on elections

Section 8(5) is amended by repealing "General" where it twice appears and substituting "general".

22. Members disqualified from nomination

Section 13(1) is amended---

(a) in paragraph (b) by adding---

"(iii) from being a member of a District Council;";

(b) in paragraph (c)(iv)---

(i) in sub-subparagraph (A) by repealing "the Provisional Legislative Council or";

(ii) in sub-subparagraph (B) by repealing "or" at the end;

(iii) in sub-subparagraph (C) by adding "or" at the end;

(iv) by adding---

"(D) a District Council;".

23. Definitions

Section 17(1) is amended---

(a) by repealing the definition of "election" and substituting---

""election" (選舉) means a general election or an ordinary election;";

(b) by repealing the definition of "population quota" and substituting---

""population quota" (標準人口基數), in relation to---

(a) a general election, means the total population of Hong Kong divided by the total number of members to be returned for all the geographical constituencies in that election;

(b) an ordinary election, means the total population of Hong Kong divided by the total number of elected members to be returned in that election.".

24. Report on boundaries
Section 18 is amended---

(a) by repealing subsection (1) and substituting---

"(1) The Commission shall submit to the Chief Executive, in accordance with this section, in relation to---

(a) a general election, a report containing recommendations for the delineation of geographical constituencies and the name proposed by the Commission for each constituency; and

(b) an ordinary election, a report containing recommendations as to the delineation of District Council constituencies and the name proposed by the Commission for each constituency.

(1A) A report under subsection (1) must contain---

(a) the reasons for the recommendations; and

(b) without limiting the generality of paragraph (a), where the Commission departs from the strict application of section 20(1)(b) or (d) pursuant to section 20(5), an explanation relating to such departure; and

(c) where the Commission receives representations under section 19(4), the representations, or a summary of them, as the Commission considers appropriate in each case.";

(b) by repealing subsection (3) and substituting---

"(3) The Commission shall submit a report referred to in subsection (1)---

(a) in respect of general elections, at intervals of not more than 36 months from the preceding general election; and

(b) in respect of---

(i) the first ordinary election to be held under the District Councils Ordinance ( of 1998), not later than 31 May 1999; and

(ii) in respect of subsequent ordinary elections, at intervals of not more than 36 months from the preceding ordinary election.";

(i) by repealing "(3)(a)" and substituting "(3)(b)(i)";

(ii) by repealing "(3)(b)." and substituting "(3)(a) or (b)(ii).". 25. Provisional recommendations

Section 19 is amended---

(a) in subsection (1)---

(i) by repealing "any election" and substituting "a general election or an ordinary election";

(ii) by repealing "that election" and substituting "the election concerned";

(iii) in paragraph (a) by adding "or the District Council constituencies, as may be appropriate," after "constituencies";

(iv) in paragraph (b) by adding "or District Council constituency, as the case may be" after "constituency";

(b) by repealing subsection (9).

26. Criteria for making recommendations
Section 20 is amended---

(a) in subsection (1) by adding---

"(c) ensure that the extent of each proposed District Council constituency is such that the population in that constituency is as near the population quota as practicable;

(d) where it is not practicable to comply with paragraph (c) in respect of a proposed District Council constituency, ensure that the extent of the proposed constituency is such that the population in that constituency does not exceed or fall short of the population quota, by more than 25% thereof.";

(b) in subsection (2) by repealing "declared areas" and substituting "District Council constituencies";

(i) by adding "in relation to a general election" after "recommendations";

(ii) in paragraph (a) by repealing "地區" and substituting "地方行政區";

(d) by adding---

"(4A) Subject to subsection (4B), in making such recommendations in relation to an ordinary election, the Commission must follow the existing boundaries of Districts and the existing number of members to be elected to a District Council as specified in or under the District Councils Ordinance ( of 1998).

(4B) If the Chief Executive in Council makes any order under section 8 of the District Councils Ordinance ( of 1998)---

(a) not later than 12 months before the deadline for submitting a report for the ordinary election to which the recommendations relate; and

(b) which is applicable in relation to that ordinary election; and

the Commission must, in making such recommendations in relation to that ordinary election, follow the boundaries of the Districts as declared in the relevant order and the number of members to be elected as specified in the relevant order.";

(e) in subsection (5) by repealing "(a) or (b)";

(f) in subsection (7)---

(i) by repealing the definition of "declared area";

(ii) by repealing the definition of "District" and substituting---

""District" (地方行政區) has the meaning assigned to it by the District Councils Ordinance ( of 1998);".

27. Tabling of report
Section 23(1) is amended---

(a) by repealing "the Provisional Legislative Council or";

(b) by repealing ", as the case may be, ".

Hong Kong Sports Development Board Ordinance

28. Powers of the Board

Section 5(2)(i) of the Hong Kong Sports Development Board Ordinance (Cap. 1149) is amended by repealing "District Boards" and substituting "District Councils".

Explanatory Memorandum

The object of this Bill is to provide for the declaration of Districts, the establishment of a body to be known as a District Council for each District, the composition of a District Council (that is different categories of membership and the number of members of each category), the qualification for membership and disqualification from being a member, in the case of elected members, the procedure for electing them and other matters arising from those purposes.

Part I

2. Clause 1 gives the Bill its short title and empowers the Secretary for Constitutional Affairs to bring the Bill when enacted into force on a date or dates to be appointed by him.

3. Clause 2 sets out the definitions which are to be used in the interpretation of the substantive provisions of the Bill.

Part II

4. Clause 3 provides for the declaration of Districts. The areas named in Schedule 1 with reference to the maps specified in that Schedule are declared to be Districts for the purposes of this Ordinance. Schedule 1 also specifies the names of the Districts and the number of Districts to be declared.

5. Clause 4 provides for the establishment of District Councils. The name of each District Council and the date with effect from which each District Council is established are specified in Schedule 2.

6. Clause 5 and Schedule 3 set out the number of members to be elected to each District Council and the maximum number of members to be appointed to each District Council.

7. Clause 6 empowers the Chief Executive in Council to declare any area within a District to be a constituency.

8. Clause 7 provides that one member is to be returned in an election from each constituency.

9. Clause 8 empowers the Chief Executive in Council to amend Schedule 1, 2 or 3.

Part III

10. Clause 9 provides that a District Council is to be composed of elected members, appointed members and in the case of a District Council established for a District in which there is a Rural Committee under the Heung Yee Kuk Ordinance (Cap. 1097), as ex officio members, the Chairman of each Rural Committee provided the Chairman swears acceptance of office and is not disqualified.

11. Clause 10 states that if an elected member or an appointed member becomes entitled to hold office as an ex officio member he is taken to have resigned as an elected member or an appointed member.

Part IV

12. Clause 11 provides that the Chief Executive may appoint persons as appointed members of a District Council and that an appointed member holds office from the date specified in the letter of appointment up to 31 December of the year in which an ordinary election is next held after the appointment or a shorter period specified in the letter of appointment.

13. Clause 12 sets out the eligibility criteria for a person to be appointed as a member of a District Council.

14. Clause 13 requires a person appointed as a member to swear acceptance of office (in the appropriate form set out in Schedule 4) in order to become a member.

15. Clause 14 sets out the grounds on which a person is disqualified from being appointed as a member to a District Council and is disqualified from holding office as an appointed member.

16. Clause 15 provides that an appointed member may resign by giving written notice of resignation to the Designated Officer.

17. Clause 16 states that an appointed member's office becomes vacant if he dies, resigns, is taken to have resigned or is disqualified and empowers the Chief Executive to appoint another person to hold office for the remainder of the term of office of the first member.

18. Clause 17 requires a Chairman of a Rural Committee to swear acceptance of office (in the appropriate form set out in Schedule 4) in order to become a member.

19. Clause 18 states that an ex officio member's office becomes vacant if he dies or ceases to be the Chairman of a Rural Committee or is disqualified.

20. Clause 19 sets out the grounds on which an ex officio member is disqualified from holding office.

21. Clause 20 sets out the eligibility criteria for a person to be nominated as a candidate at an election.

22. Clause 21 sets out the grounds on which a person is disqualified from being nominated as a candidate and from being elected as an elected member.

23. Clause 22 provides that an elected member is to hold office for 4 years beginning on 1 January next following the election.

24. Clause 23 states that a person who is elected as a member is to be treated as having accepted office unless he gives a notice of non-acceptance to the Designated Officer within 7 days after the notification of election.

25. Clause 24 sets out the grounds on which an elected member is disqualified from holding office.

26. Clause 25 provides that an elected member may resign by giving written notice of resignation to the Designated Officer.

27. Clause 26 states that an elected member's office becomes vacant if he dies, resigns, is taken to have resigned or is disqualified.

Part V

28. Clause 27 requires the Chief Executive to specify a date for holding an ordinary election.

29. Clause 28 provides that only an elector is entitled to vote at an election.

30. Clause 29 sets out the grounds on which an elector is disqualified from voting at an election.

31. Clause 30 requires the Electoral Registration Officer to publish a register showing the constituency allocated to an elector to vote in the first ordinary election.

32. Clause 31 requires the Designated Officer to publish a notice in the Gazette of any vacancy in the elected membership of a District Council.

33. Clause 32 sets out the circumstances in which the Electoral Affairs Commission is to arrange a by-election.

34. Clause 33 states that a person is validly nominated as a candidate only if a deposit of the prescribed amount has been lodged by or on behalf of the person with the Returning Officer and he has made a declaration to uphold the Basic Law and to pledge allegiance to the Hong Kong Special Administrative Region.

35. Clause 34 sets out the circumstances in which a candidate may withdraw his nomination for an election.

36. Clause 35 provides that each candidate is entitled to send one letter to each elector in the constituency for which he is validly nominated.

37. Clause 36 empowers the Chief Executive to direct the postponement of an ordinary election, or the adjournment of the polling or counting of votes in respect of such an election, if the election, polling or counting of votes is likely to be disrupted or seriously affected by riot or other form of violence or any other event which could endanger the public.

38. Clause 37 requires the Returning Officer to declare the proceedings for the election are terminated if after the close of nominations and before the close of polling for an election, a validly nominated candidate dies or becomes disqualified from being elected.

39. Clause 38 states that if no candidate is validly nominated, the Returning Officer must declare the election to have failed.

40. Clause 39 describes the voting system for electing members to the District Council, namely the system of voting known as "first past the post".

41. Clause 40 states that the Court of First Instance ("the Court") will not be able to declare the election to be invalid only because of a failure to comply with an electoral regulation or because of a mistake in the use of a specified form, if the mistake or failure did not affect the result of the election.

42. Clause 41 provides that a misnomer or inaccurate description of a person, person's identity document or a place in registers and certain other kinds of documents prepared for an election will not limit the full operation of the document if the description is such as to be commonly understood.

43. Clause 42 provides that every election is presumed to be valid until it is questioned by an election petition.

44. Clause 43 states that an election is not to be questioned only because of a defect in the appointment of an electoral officer.

45. Clause 44 requires the Returning Officer to publish the result of the election.

46. Clause 45 states the offences committed by electoral officers.

47. Clause 46 states that electors are not required to disclose the name of the candidate for whom the elector voted at the election.

48. Clause 47 sets out the grounds on which an election may be questioned by an election petition.

49. Clause 48 provides that 10 or more electors or a person claiming to have been a candidate in the relevant constituency may lodge an election petition.

50. Clause 49 provides that the person whose election is questioned by an election petition and the Returning Officer may be made a respondent to the election petition.

51. Clause 50 empowers the Court to determine election petitions.

52. Clause 51 states the period within which an election petition is to be lodged.

53. Clause 52 states that a petitioner in an election petition must pay security for costs to his witnesses and to the respondent.

54. Clause 53 requires the Court to determine an election petition.

55. Clause 54 sets out the circumstances in which an election petition may be withdrawn.

56. Clause 55 sets out the circumstances in which an election petition is terminated.

57. Clause 56 provides for the substitution of a respondent to an election petition.

58. Clause 57 provides that the acts of a person who was originally declared to have been elected as a member are not to be invalidated because, on the hearing of an election petition, the person is declared not to have been elected.

59. Clause 58 provides that a person, who, on the hearing of an election petition, is declared by the Court not to have been duly elected as a member is taken never to have been duly elected.

Part VI

60. Clause 59 sets out the functions of a District Council. They are advisory in relation to matters affecting the well-being of the people in the District (which includes matters relating to food and environmental hygiene services), provision and use of public facilities, adequacy and priorities of Government programmes and the use of public funds allocated to the District for local public works and community activities. A District Council also has the power to undertake environmental improvements within the District and promotion of recreational activities if funds are made available.

61. Clause 60 states that a District Council is to elect a Chairman and Vice Chairman at its first meeting. The District Officer is to preside at the first meeting for the purpose of electing the Chairman and Vice Chairman.

62. Clause 61 provides that the Chairman or Vice Chairman may resign by giving written notice to the District Officer.

63. Clause 62 sets out the circumstances in which the office of Chairman or Vice Chairman becomes vacant and requires the members to elect another person to fill the vacant post at the first meeting after the vacancy arises.

64. Clause 63 requires the election of Chairman and Vice Chairman to be conducted in accordance with the procedure set out in Schedule 5.

65. Clause 64 sets out the duties of the Chairman and empowers the Vice Chairman to carry them out when the Chairman is absent or unable to fulfill them or when the office is vacant.

66. Clause 65 gives a casting vote to the Chairman or other person presiding at a meeting if the votes are equal except at a meeting to elect the Chairman or Vice Chairman.

67. Clause 66 enables a District Council to make standing orders for the purpose of carrying out its functions. The standing orders can relate to the times and places of meetings, notification of meetings and keeping minutes, voting procedures, decision making by circulation of papers and other procedural matters.

68. Clause 67 empowers a District Council to appoint a public officer as a secretary and to determine his duties.

69. Clause 68 provides that not less than half of the total membership of a District Council constitutes a quorum.

70. Clause 69 empowers a District Council to appoint committees and to co-opt non-members to a committee and to delegate its functions to a committee.

71. Clause 70 provides that the proceedings of a District Council is not affected by a vacancy in the membership or the want of qualification of a member.

Part VII

72. Clause 71 provides that the functions and duties of the Electoral Registration Officer and the Assistant Electoral Registration Officers.

73. Clause 72 empowers the Electoral Registration Officer to specify forms for the purpose of conducting an election.

74. Clause 73 requires the Electoral Affairs Commission to appoint sufficient Returning Officers and Assistant Returning Officers in order to enable an election to be held.

75. Clause 74 states that a person who obstructs or hinders or interferes with an electoral officer who is exercising and performing duties, commits an offence.

76. Clause 75 empowers the Chief Executive to give directions with respect to the exercise or performance by electoral officers of any of their functions with respect to the holding of an election.

77. Clause 76 states that the death or incapacity of an electoral officer will not terminate an authority conferred by the officer for the purpose of the Ordinance.

Part VIII

78. Clause 77 enables proceedings to be instituted by the Secretary for Justice against a person on the ground that the person acted or claimed to be entitled to act as a member while being disqualified. The Court may in such a proceeding make a declaration that the person is disqualified to act, grant an injunction restraining the person from acting and order the defendant to pay a fine for each occasion that he acted.

79. Clause 78 provides that a complaint or information alleging an offence to have been committed will have to be laid within 3 years after the offence is alleged to have been committed.

Part IX

80. Clause 79 empowers the Chief Executive in Council to make regulations for the purpose of the Ordinance.

81. Clause 80 empowers the Chief Executive in Council to amend Schedule 4 or 5.

Part X

82. Clause 81 requires the Designated Officer to give notice in the Gazette the names of appointed members and ex officio members of a District Council.

83. Clause 82 requires the Designated Officer to give notice in the Gazette of a vacancy in the membership of a District Council.

84. Clause 83 empowers the Chief Executive, after consultation with a District Council, to give general directions to a District Council in the performance of its functions.

85. Clause 84 confers immunity on the member of a District Council or its committees in the performance of his statutory functions.

Part XI

86. Clause 85 repeals the Provisional District Boards Ordinance (Cap. 366) with effect from 1 January 2000.

87. Clause 86 sets out in Schedule 6 the amendments which are consequential upon the repeal of the Provisional District Boards Ordinance (Cap. 366).

88. Schedule 1 contains the names of the Districts declared for the purposes of the Ordinance and the details of the maps with reference to which the declaration is made and the number of Districts.

89. Schedule 2 contains the names of the District Councils established under clause 4.

90. Schedule 3 sets out the number of members to be elected to each District Council and the number of members to be appointed to each District Council.

91. Schedule 4 contains the forms for accepting office as an appointed member and as an ex officio member.

92. Schedule 5 sets out the voting procedure for electing a Chairman and a Vice Chairman of a District Council.

93. Schedule 6 sets out the amendments which are consequential upon the repeal of the Provisional District Boards Ordinance (Cap. 366) and the enactment of the Ordinance and certain other miscellaneous amendments.